1|ENGROSSED HOUSE AMENDMENT | | TO | 2|ENGROSSED SENATE BILL NO. 36 By: Dahm of the Senate | | | 3| and | | | 4| Echols of the House | | | 5| | | | 6| | | | 7| An Act relating to the Oklahoma Open Records Act; | | amending 51 O.S. 2021, Section 24A.8, as amended by | 8| Section 1, Chapter 12, O.S.L. 2022 (51 O.S. Supp. | | 2022, Section 24A.8), which relates to disclosure of | 9| law enforcement records; requiring disclosure of | | recordings from certain equipment; and declaring an | 10| emergency. | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16|AUTHOR: Remove Representative Echols as principal House author and | | substitute with Representative West (Kevin) | 17| | | | 18| Add the following House coauthor: Randleman | | | 19|AMENDMENT NO. 1. Strike the title, enacting clause, and entire bill | | and insert: | 20| | | | 21| | | | 22| "An Act relating to education; permitting school | | districts to employ or accept volunteer chaplains; | 23| clarifying certification requirements; directing for | | background check; prohibiting certain individuals | 24| from employment or volunteering; providing reasons | | for dismissal; clarifying that students and their | Page 1 ___________________________________________________________________________
1| parents may or may not decide to use chaplain | | services; prohibiting proselytizing; defining term; | 2| requiring chaplains to complete or possess certain | | degrees; authorizing chaplains to obtain | 3| ecclesiastical endorsements; providing specific | | requirements for attestation; providing for | 4| codification; and providing an effective date. | | | 5| | | | 6| | | | 7|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: | | | 8| SECTION 1. NEW LAW A new section of law to be codified | | | 9|in the Oklahoma Statutes as Section 1210.205 of Title 70, unless | | | 10|there is created a duplication in numbering, reads as follows: | | | 11| A. A school district may employ or accept one or more volunteer | | | 12|chaplains to provide support, services, and programs for students as | | | 13|assigned by the governing body of the school. A chaplain employed | | | 14|or volunteering under this act is not required to be certified by | | | 15|the State Department of Education. | | | 16| B. A school district shall conduct a background check before | | | 17|employing or accepting as a volunteer any chaplain. The background | | | 18|check shall be in accordance with Section 5-142 of Title 70 of the | | | 19|Oklahoma Statutes and volunteers shall be treated as employees for | | | 20|purposes of this subsection. | | | 21| C. A school district shall not employ or accept as a volunteer | | | 22|a chaplain who has been convicted of or is a defendant for an | | | 23|offense that requires the defendant to register as a sex offender. | | | 24|No chaplain shall be employed or accepted as a volunteer if the | | | Page 2 ___________________________________________________________________________
1|chaplain has been convicted or has received a deferred sentence in | | | 2|this state, another state, district or territory of the United | | | 3|States for a felony offense or for an offense listed in Section | | | 4|6-101.41 of Title 70 of the Oklahoma Statutes. | | | 5| D. A chaplain may be dismissed for: | | | 6| 1. Mental or physical abuse to a child; | | | 7| 2. Negligent endangerment of a child; or | | | 8| 3. Commission of an act of moral turpitude. | | | 9| This list is not exhaustive and a school district may dismiss an | | | 10|employed or volunteer chaplain if, for any reason, it believes the | | | 11|chaplain's presence could lead to harm. | | | 12| E. It is solely the decision of the individual student and | | | 13|their parents whether to seek the support or services of a chaplain. | | | 14| All students are welcome to utilize a chaplain, but no student may | | | 15|be required to do so. Parents shall be allowed the opportunity to | | | 16|opt their child out of chaplain services. | | | 17| F. Chaplains employed or volunteering with a school district | | | 18|are prohibited from proselytizing while working or volunteering | | | 19|during school hours or other school functions. Proselytizing shall | | | 20|mean the action of attempting to convert someone from one religion, | | | 21|belief, or opinion to another. | | | 22| G. For purposes of this act, a chaplain shall be a person who | | | 23|obtains an ecclesiastical endorsement from their faith group | | | 24|certifying that such chaplain is: | | | Page 3 ___________________________________________________________________________
1| 1. A minister, rabbi, priest, imam, lay leader, or similar | | | 2|functionary of the faith group; | | | 3| 2. Qualified morally, intellectually, and emotionally to serve | | | 4|as a chaplain; and | | | 5| 3. Sensitive to religious pluralism and able to provide for the | | | 6|free exercise of religion by all students. | | | 7| H. Chaplains shall complete or possess a baccalaureate degree, | | | 8|completing one hundred twenty (120) semester hours, a graduate | | | 9|degree in theological or religious studies, and at least seventy-two | | | 10|(72) hours in graduate work. Both degrees shall be from accredited | | | 11|universities. | | | 12| I. Chaplains shall be able to obtain a federally recognized | | | 13|ecclesiastical endorsement from their denomination or faith group | | | 14|for employment or volunteer service. The endorsement shall attest | | | 15|that: | | | 16| 1. The chaplain is an ordained minister or member in good | | | 17|standing of the respective denomination or body; | | | 18| 2. The denomination approves of the chaplain serving as an | | | 19|employee or volunteer with the school district; | | | 20| 3. The chaplain is qualified morally, intellectually, and | | | 21|emotionally to serve as a chaplain; and | | | 22| 4. The chaplain is sensitive to religious pluralism and is able | | | 23|to provide for the free exercise of religion by all students, | | | 24|families, and school employees. | | | Page 4 ___________________________________________________________________________
1| SECTION 2. This act shall become effective November 1, 2024." | | | 2| Passed the House of Representatives the 24th day of April, 2024. | | | 3| | | | 4| | | | 5| Presiding Officer of the House of | | Representatives | 6| | | | 7| Passed the Senate the ____ day of __________, 2024. | | | 8| | | | 9| | | | 10| Presiding Officer of the Senate | | | 11| | | | 12| | | | 13| | | | 14| | | | 15| | | | 16| | | | 17| | | | 18| | | | 19| | | | 20| | | | 21| | | | 22| | | | 23| | | | 24| | | | Page 5